Cashing out Your Pension

I hear it all the time. A person comes to see me, and tells me how someone (perhaps a friend or a so called investment advisor) suggested they cash in their pension when they retire. Oy vey. Please people, stop it already.

I have heard all the arguments why this is such a terrific idea. And I have seen all the tears when things don’t work out according to somebody’s overly optimistic plan. So lets recap.

Yes, when you leave a job, either quitting or retiring, you are often offered the opportunity to convert (or commute) your pension. This is where the first misunderstandings come into play. Yes, you can commute a pension. You can take the money in your company pension account, and put it into a Locked In Retirement Account (LIRA). A LIRA works similar to a RSP, except (1) it is locked in until you turn 55, (2) there are minimums and maximums that you can withdraw each year.

However, there are pitfalls which these so called friends and advisors neglect to either mention or give proper emphasis. Firstly, like an RRSP, your investments will be subject to market forces. So yes, you get to decide how it is invested, in stocks, mutual funds or GICs as you wish. And if they go down in value, like most investments did in 2008, you alone suffer the consequences.

Secondly, in Alberta, BC, Saskatchewan and Quebec, additional voluntary contributions you might have made in the past are not subject to creditor protection, and could be seized if you were ever sued. In Ontario, Quebec, New Brunswick, Manitoba and Saskatchewan locked in accounts are subject to garnishment for child support.

Thirdly, it is possible that not all of the money in your pension plan account will be eligible to be transferred directly to a LIRA. You may find that there will be a cash portion which will be paid directly to you, and you get walloped by income tax deducted from this amount at your top marginal rate. Peachy eh? Especially if you weren’t warned.

One of the things that really has people excited are rule changes in some provinces which will allow you to take up to 50% of your pension money in cash after January 1, 2010. Hooray! The government will then grab taxes from this amount at your top marginal rate. So if you live in Ontario you could lose up to 46.4% right off the top to the government. Dalton McGuinty  and Jim Flaherty will thank you.

My concerns with this whole process are many.

1. Canadian pension plans are generally well funded and regulated, and unless your company goes bankrupt, you will get all the money you are entitled to.

2. Canadian pension plan managers have shown better long term investment returns than the average RRSP investor. Especially Teachers, HHOOP, Hydro and many of the Union plans. Do you really think that you, as an amateur, can do better than the professionals who work in the business all day every day, who are able to utilize economies of scale and instant preferential access to the most up to date information when making their investment decisions?

3. In a defined benefit pension if there is a shortfall, the employer is on the hook to make up the difference. If your LIRA has a bad year, guess who makes up the difference?

4. If you take out 50% of your pension as a lump sum, what are you planning to live on when you retire?

Now, I know that you can never say never, and there are a few people for whom commuting a pension might actually be a good idea. However, they usually fit into certain limited categories.

A. You have multiple tiny pensions which individually will pay very small amounts every month. In this instance you may not suffer any great penalty by combining them and investing them as a unit.

B. You have a diminished life expectancy, no spouse, and wish your pension assets to go to your heirs. If you can make the argument that you will not live long enough, because of a pre-existing illness, to collect the bulk of your pension, then it might make sense to roll it over into a LIRA so that it can become part of your estate. However – big however – this will expose the entire pension to estate and probate taxes.

So exactly why are some people so quick to advise you to commute your pension?

First, is often the friend who read something someplace, and in whose hands a little knowledge is a dangerous thing.

Secondly, and most egregiously, is the so called advisor who assures you that he can put you into investments that will outperform the “pitiful” returns attained by pension plan managers. This guy is solely driven by commissions. Really, really big commissions. Thousands of dollars in commissions. Big, big, fat, juicy, buy a new Cadillac commissions.

Please don’t listen to these people. By the time you come to see me, I can’t fix it. I can’t correct the mess they have made. I can’t restore the long term value that they destroyed.

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4 Comments

Filed under Estate Planning, Investing, Locked in Retirement Accounts, Mutual funds, Pensions, Saving

4 responses to “Cashing out Your Pension

  1. Pingback: Cashing out the Pension · MutualFunds.ExplainedOnline.Net

  2. Happy

    Would it be possible to declare non-resident status after settling away and than commute your pension? Would that be a 25%? Can you move lIRA, RRSP at the same rate?

    Thanks

    • This is a situation where advice from an international tax expert is appropriate. I am not a chartered accountant and hesitate to publish a definitive opinion in a public forum with having all the particulars in front of me. The best answer I can give right now is “it depends” and “maybe”. A large part of that answer is dependant on which country you are moving to, and what kind of tax treaty they have with the Canadian government. You must also be able to prove that you have cut all ties to Canada in a manner that CRA finds acceptable (they get nitpicky about this). You can cross all your T’s, and dot all your I’s and still find yourself on the receiving end of a nasty audit.

      I recommend seeking out a knowledgeable expert, which will probably mean talking to a tax lawyer or someone from one of the big accounting firms like Grant Thorton, KPMG or Deloitte. (Not George and Mary’s Tax Filing & Bookkeeping Service on Main Street.) You could phone CRA directly, but this question might be above the pay grade of the ones who answer the phones, in which case you could get 2 or 3 conflicting answers, all of which could be equally correct or equally wrong.

      The section of CRA’s website that pertains to your question is accessible at http://www.cra-arc.gc.ca/tx/nnrsdnts/ndvdls/lvng-eng.html

      • Happy

        Thanks, I did read the page previously, it’s the may or may not, and we will tell you, causes lots of flexibility on CRA part to make life difficult. Worth spendning the cash to get the right country and advice or stay taxed forever.

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